The Sandiganbayan has affirmed its ruling that denied the motion to dismiss through a demurrer to evidence filed by P/Supt. Rainier A. Espina, one of the co-accused of former Philippine National Police (PNP) Chief Avelino I. Razon Jr., in the alleged anomalous P409.7 million transactions involving the repair and maintenance of 10 units of V-150 Light Armored Vehicles in 2007.
Denied by the anti-graft court was the motion for reconsideration in four cases -- SB-13-CRM-0773 and 0779 and SB-13-CRM-0775 and 0777 -- where Espina's demurrer to evidence was denied.
However, the court had granted Espina's demurrer to evidence in three cases denominated as SB-13-CRM-0774, SB-13-CRM-0776, and SB-13-CRM-0778.
A demurrer to evidence is a pleading filed by an accused in a criminal cases to dismiss the charge on alleged weakness of the prosecution's evidence to sustain a conviction. If the court-approved filing of demurrer is granted, it is tantamount to an acquittal.
In his motion for reconsideration, Espina alleged that the court "simply lumped [him] together with the other accused as if he performed the same and similar acts, when in truth, as stipulated by the prosecution, [he] merely noted some of the documents."
He pointed out that there is no evidence to prove his negligence or imprudence since he merely "noted" the Inspection Report Forms (IRFs) and Pre-Inspection Reports (PIRs).
But in an 11-page resolution dated Sept. 19, the anti-graft court denied his motion for lack of merit. "The Court cannot simply accord value to his bare denial of any knowledge of or involvement in the execution of the IRFs and PIRs that contained false information," the court said.
"Since proof of delivery is integral to the disbursement of public project proponents, whether within the lens of [graft] or of malversation of public funds, taking his acts in tandem with those performed by his co-accused, it becomes even more pronounced how he contributed to the conspiracy that allowed the unwarranted receipt of benefits by private persons and the unlawful dissipation of public funds, to the damage and injury of the government," it said.
Associate Justice Bayani H. Jacinto penned the resolution with the concurrence of Fourth Division Chairperson Associate Justice Michael Frederick L. Musngi and Associate Justice Lorifel L. Pahimna.
Espina was charged with violation of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act; Article 217 in relation to Article 171 of the Revised Penal Code on malversation of public funds through falsification of public documents; and Section 65(b)(4) of RA No. 9184, the Government Procurement Reform Act.
This was for the reportedly anomalous purchase of materials, engines, and transmissions for the 10 units of V-150 Light Armored Vehicles of the PNP back in August 2007 to January 2008.
The prosecution accused Espina, together with other former PNP officials, of making payments to the suppliers despite non-delivery of the items purchased.
Last June 21, the Sandiganbayan granted the demurrer to evidence filed by Razon in two of his criminal charges after finding that the evidence against them is insufficient to sustain a conviction. However, his demurrer to evidence was denied in four criminal charges.
The same resolution granted the demurrers of P/Dir. Geary L. Barias, P/SSupt. Emmanuel D. Ojeda, P/SSupt. Reuel Leverne B. Labrado, P/Supt. Warlito T. Tubon, P/Supt. Rainier A. Espina, P/Supt. Henry Y. Duque, P/CInsp. Analee R. Forro, NUP Eulito T. Fuentes, NUP Alex R. Barrameda, and Oscar Z. Madamba in SB-13-CRM-0772.
In SB-13,CRM-0773, the court granted the demurrers of P/Dir. Eliseo Dela Paz and P/CSupt. Orlando L. Pestano, but denied the demurrers of Razon, Ojeda, P/SSupt. Victor G. Agarcio, P/SSupt. Reuel Leverne B. Labrado, Espina, Tubon, P/Supt. Edgar B. Paatan, Forro, Antonio P. Retrato, Fuentes, NUP Patricia Enaje, NUP Maria Teresa Narcise, Harold Ong, Tyrone Ong, Pamela Pensotes, and Evangeline Bais.
In SB-13-CRM-0774, the court granted the demurrers of Dela Paz, Pestano, P/Col. Dennis P. Canoy, Ojeda, Labrado, Espina, Paatan, Forro, Tubon, Enaje, NUP Nancy Basallo, Gigie Marpa, and Carmencita L. Salvador.
In SB-13-CRM-0775, the demurrers of Barias, Pestano, Basallo, Harold Ong, Tyrone Ong, and Bais were granted. On the other hand, the demurrers of Razon, Ojeda, Labrado, Paatan, Forro, Espina, Fuentes, Tubon, Barrameda, and Pensotes were denied.
In SB-13-CRM-0776, the demurrers of Barais, Tubon, Espina, Fuentes, and Barrameda were granted but the demurrers of Ojeda, Labrado, Duque, Forro, and Madamba were denied.
In SB-13-CRM-0777, the court granted the demurrers of Barias, Pestano, and Basallo. However, it denied the demurrers of Razon, Ojeda, Labrado, Paatan, Forro, Espina, Fuentes, Tubon, Barrameda, Bais, Harold Ong, Tyrone Ong, and Pensotes.
In SB-13-CRM-0778, the demurrers of Dela Paz, Pestano, Canoy, Espina, Enaje, and Basallo were granted while the demurrers of Ojeda, Labrado, Paatan, Forro, Marpa, and Salvador were denied.
In SB-13-CRM-0779, the demurrers of Dela Paz and Pestano were granted. The demurrers of Razon, Ojeda, Agarcio, Labrado, Espina, Tubon, Paatan, Forro, Retrato, Fuentes, Enaje, Narcise, Harold Ong, Tyrone Ong, Pensotes, and Bais were denied.
In SB-13-CRM-0780, the demurrers of Ojeda, Labrado, Duque, Forro, and Madamba were granted. In SB-13-CRM-0781, the court granted the demurrers of Razon, Ojeda, Labrado, Paatan, Forro, Bais, Harold Ong, Tyrone Ong, and Pensotes.
In SB-13-CRM-0782, the demurrers of Razon, Ojeda, Labrado, Paatan, Forro, Harold Ong, Tyrone Ong, Pensotes, and Bais were granted. And finally in SB-13-CRM-0783, the demurrers of Ojeda, Labrado, Paatan, Forro, Marpa, and Salvador were granted.
P/Supt. Josefina B. Dumanew and SPO4 Victor M. Puddao did not file demurrers to evidence. However, the court still dismissed their cases because "there is no sense in requiring them to present their evidence in view of the findings of the court that said charges cannot stand."
Meanwhile, the cases against CSupt. Teodorido R. Lapuz IV, SPO4 Alfredo M. Lavina, Marianne Jimenez, Rasita S. Zaballero, and Artemio B. Zuniga remain archived pending their arrest.